74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 520
House Bill 2156
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Veterans' Affairs)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Exempts Department of Veterans' Affairs from operation of
certain laws in acquisition or sale of any interest in real
property. Permits department to receive monetary and nonmonetary
grants, gifts and donations. Permits department to convert
nonmonetary grants, gifts and donations to moneys when not
inconsistent with purpose or limitation specified in grant, gift
or donation and to use moneys to carry out duties under law.
Permits department to contract with any person to carry out
department's duties under law.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the powers of the Department of Veterans' Affairs;
creating new provisions; amending ORS 113.085, 125.240,
125.410, 270.100, 279A.025, 279A.050, 279C.335, 406.050,
406.100, 406.120, 407.177, 407.465, 408.365, 408.375, 805.205
and 805.206; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 406.050 is amended to read:
406.050. In addition to other powers and duties, the Director
of Veterans' Affairs or the Department of Veterans' Affairs is
authorized:
(1) To cooperate with officers and agencies of the United
States in all matters affecting veterans' welfare.
(2) To accept { - grants, donations and gifts - } on behalf
of this state { - for veterans' welfare - } { + monetary and
nonmonetary grants, donations and gifts + } from any person,
corporation, government or governmental agency. { - Grants,
donations and gifts so received shall be deposited with the State
Treasurer and credited to a trust fund - } { + The department
shall deposit with the State Treasurer all monetary grants,
donations and gifts received. The State Treasurer shall credit
the amounts deposited to a trust fund created for the purposes of
this section + }. Moneys in the trust fund are continuously
appropriated to the department and { - expendable for the
purposes specified in subsections (3) and (4) of this section - }
{ + may be expended to carry out the department's duties under
Articles XI-A and XI-F(2) of the Oregon Constitution, under ORS
chapters 88, 273, 407 and 408 and this chapter or under federal
law + }. Interest earned on the moneys in the trust fund created
under this subsection shall accrue to the trust fund.
{ - (3) To expend all or any portion of a grant, donation or
gift for the purposes specified in the grant, donation or
gift. - }
{ - (4) To expend all or any portion of a grant, donation or
gift in the trust fund created under subsection (2) of this
section for the administration of ORS 406.010 to 406.070,
406.090, 406.210, 406.220 and 406.340 and for the administration
and purposes of ORS 408.368 when: - }
{ - (a) The department determines that the purpose specified
in the grant, donation or gift has been satisfied, or is not
feasible or appropriate; or - }
{ - (b) The grant, donation or gift specifies no purpose. - }
{ - (5) To donate or otherwise transfer all or any portion of
a grant, donation or gift to other persons, corporations or
entities engaged in serving veterans if the department determines
that the nature of the grant, donation or gift makes use by the
department or conversion to cash for use by the department not
feasible or appropriate. - }
{ + (3) To expend or otherwise dispose of grants, donations
and gifts received:
(a) By selling or otherwise converting a nonmonetary grant,
donation or gift into moneys unless doing so is inconsistent with
any purpose or limitation specified in the grant, donation or
gift. Notwithstanding any purpose or limitation specified, the
department may sell or otherwise convert a grant, donation or
gift into moneys if the department determines that the purpose or
limitation has been satisfied, has expired, is not feasible or is
not appropriate. The department shall deposit the moneys received
from any sale or conversion under this paragraph into the trust
fund created in subsection (2) of this section.
(b) By donating or otherwise transferring all or any portion of
a nonmonetary grant, donation or gift to other persons,
corporations or entities engaged in serving veterans, or
veterans' dependents or survivors, if the department determines
that the nature of the grant, donation or gift makes use by the
department or conversion to moneys for use by the department not
feasible or appropriate.
(c) By expending all or any portion of a grant, donation or
gift for the purposes specified in the grant, donation or gift.
(d) By expending all or any portion of a grant, donation or
gift in the trust fund created in subsection (2) of this section
in order to carry out the department's duties under Articles XI-A
and XI-F(2) of the Oregon Constitution, under ORS chapters 88,
273, 407 and 408 and this chapter or under federal law when:
(A) The department determines that the purpose specified in the
grant, donation or gift has been satisfied, has expired, is not
feasible or is not appropriate; or
(B) The grant, donation or gift does not specify a purpose or
limitation that is inconsistent with the authority, duties or
powers conferred on the department by law. + }
{ - (6) - } { + (4) + } To act as agent or attorney in fact
for any war veteran and the dependents or beneficiaries of any
war veteran relating to rights under any federal or state law.
{ - (7) - } { + (5) + } To act without bond as conservator
of the estate of:
(a) A person who qualifies for benefits from the United States
Department of Veterans Affairs.
(b) A dependent { - , an immediate family member, a survivor
or a former spouse who has not remarried - } of a person who
qualifies for benefits { - , - } or who qualified for benefits
{ + from the United States Department of Veterans Affairs
+ }while alive, { - from the United States Department of
Veterans Affairs - } { + or the person's immediate family
member, a survivor or a former spouse who has not remarried + },
as those persons are defined by rule by the director.
{ - (8) - } { + (6) + } { - On - } { + To extend on + }
behalf of the State of Oregon { - to extend - } such
assistance as the Department of Veterans' Affairs shall determine
to be reasonably required to any war veteran and to the
dependents of any such war veteran { - , - } in the prosecution
of any claim { - or claims - } before the United States
Department of Veterans Affairs { - , - } or any other federal
or state agency { - , the securing of - } { + so that the war
veteran or dependent may secure + } employment or relief and any
other benefits to which they might be entitled. { - The
Department of Veterans' Affairs may - }
{ + (7) To + } adopt rules and regulations with respect to
all matters of administration to carry into effect the purposes
of this section.
{ - (9) - } { + (8) + } To require and collect such
reasonable service charges as the Department of Veterans' Affairs
deems necessary and expedient to carry out a duty, or to exercise
a power or authority, conferred on the department by law.
{ + (9) To contract with any person or entity notwithstanding
ORS chapter 279, 279A, 279B or 279C in order to carry out the
department's duties under Articles XI-A and XI-F(2) of the Oregon
Constitution, under ORS chapters 88, 273, 407 and 408 and this
chapter or under federal law. + }
SECTION 2. ORS 270.100 is amended to read:
270.100. (1)(a) Before offering for sale any real property or
equitable interest therein owned by the state, the state agency
acting for the state in such transaction shall report its intent
of sale or transfer to the Oregon Department of Administrative
Services. The department, or the agency specifically designated
by the department, shall notify other state agencies authorized
to own real property of the intended sale or transfer to
determine whether acquisition of the real property or interest
therein would be advantageous to another state agency.
(b) The department shall give political subdivisions, as
defined in ORS 271.005, the first opportunity after other state
agencies to acquire, purchase, exchange or lease real property to
be sold or disposed of by the State of Oregon. The state agency
responsible for selling or transferring the property may require
at the time of the sale or transfer that any state real property
sold or transferred to a political subdivision, as defined in ORS
271.005, shall be for use for a public purpose or benefit, and
not be for resale to a private purchaser.
(c) If property is not disposed of under paragraph (a) or (b)
of this subsection, in accordance with rules adopted by the
department, the state agency desiring to sell or transfer the
property shall cause it to be appraised by one or more competent
and experienced appraisers. Except as provided in ORS 273.825, if
such property has an appraised value exceeding $5,000 it shall
not be sold to any private person except after notice calling for
such proposals as set forth in ORS 270.130.
(d) The department shall adopt rules to carry out the
provisions of this section.
(2) Before acquisition of any real property or interest therein
by any state agency, except for highway right of way acquired by
the Department of Transportation and park properties acquired by
the State Parks and Recreation Department and property within the
approved projected campus boundaries for institutions of the
Department of Higher Education, the state agency shall report its
intent of acquisition to the Oregon Department of Administrative
Services. The department shall notify other state agencies owning
land of the intended acquisition to determine whether another
state agency desires to sell or transfer property which would
meet the needs of the purchasing agency. In accordance with rules
adopted by the Oregon Department of Administrative Services, if
no other state agency desires to sell or transfer property which
would meet the needs of the agency, the agency may acquire the
real property or interest therein, consistent with applicable
provisions of law.
(3) Before any terminal disposition of real property or an
interest in real property, the state agency acting for the state
in the transaction must secure approval of the transaction from
the Oregon Department of Administrative Services.
(4) Subsection (3) of this section does not apply to terminal
disposition of the following real property:
(a) Property controlled by the State Department of Fish and
Wildlife;
(b) State forestlands controlled by the State Forestry
Department;
(c) Property controlled by the Department of Transportation;
(d) Property controlled by the Department of State Lands;
(e) Property controlled by the Department of Higher Education;
(f) Property controlled by the legislative or judicial branches
of state government; and
(g) Property controlled by the State Parks and Recreation
Department.
(5) Notwithstanding the provisions of subsection (4) of this
section, prior approval by the Oregon Department of
Administrative Services is required for the terminal disposition
of public land for less than the fair market value of that land.
(6) The provisions of ORS 184.634, 270.005 to 270.015, 270.100
to 270.190, 273.416, 273.426 to 273.436, 273.551 and 308A.709 (1)
to (4) do not apply to { - a home or farm - } { + real
property or any interest in real property + } acquired { - , - }
{ + or + } sold, or both, by the Department of Veterans' Affairs
under ORS 88.720, 273.388, 406.050, 407.135, 407.145, 407.375 and
407.377.
SECTION 3. ORS 279A.025 is amended to read:
279A.025. (1) Except as provided in subsections (2) to (4) of
this section, the Public Contracting Code applies to all public
contracting.
(2) The Public Contracting Code does not apply to:
(a) Contracts between contracting agencies or between
contracting agencies and the federal government;
(b) Insurance and service contracts as provided for under ORS
414.115, 414.125, 414.135 and 414.145 for purposes of source
selection;
(c) Grants;
(d) Contracts for professional or expert witnesses or
consultants to provide services or testimony relating to existing
or potential litigation or legal matters in which a public body
is or may become interested;
(e) Acquisitions or disposals of real property or interest in
real property;
(f) Sole-source expenditures when rates are set by law or
ordinance for purposes of source selection;
(g) Contracts for the procurement or distribution of textbooks;
(h) Procurements by a contracting agency from an Oregon
Corrections Enterprises program;
(i) The procurement, transportation or distribution of
distilled liquor, as defined in ORS 471.001, or the appointment
of agents under ORS 471.750 by the Oregon Liquor Control
Commission;
(j) Contracts entered into under ORS chapter 180 between the
Attorney General and private counsel or special legal assistants;
(k) Contracts for the sale of timber from lands owned or
managed by the State Board of Forestry and the State Forestry
Department;
(L) Contracts for forest protection or forest related
activities, as described in ORS 477.406, by the State Forester or
the State Board of Forestry;
(m) Sponsorship agreements entered into by the State Parks and
Recreation Director in accordance with ORS 565.080 (4);
(n) Contracts entered into by the Housing and Community
Services Department in exercising the department's duties
prescribed in ORS chapters 456 and 458, except that the
department's public contracting for goods and services, as
defined in ORS 279B.005, is subject to ORS chapter 279B;
(o) Contracts entered into by the State Treasurer in exercising
the powers of that office prescribed in ORS chapters 178, 286,
287, 288, 289, 293, 294 and 295, including but not limited to
investment contracts and agreements, banking services, clearing
house services and collateralization agreements, bond documents,
certificates of participation and other debt repayment
agreements, and any associated contracts, agreements and
documents, regardless of whether the obligations that the
contracts, agreements or documents establish are general, special
or limited, except that the State Treasurer's public contracting
for goods and services, as defined in ORS 279B.005, is subject to
ORS chapter 279B;
(p) Contracts, agreements or other documents entered into,
issued or established in connection with:
(A) The incurring of debt by a public body, including but not
limited to the issuance of bonds, certificates of participation
and other debt repayment obligations, and any associated
contracts, agreements or other documents, regardless of whether
the obligations that the contracts, agreements or other documents
establish are general, special or limited;
(B) The making of program loans and similar extensions or
advances of funds, aid or assistance by a public body to a public
or private body for the purpose of carrying out, promoting or
sustaining activities or programs authorized by law; or
(C) The investment of funds by a public body as authorized by
law, and other financial transactions of a public body that by
their character cannot practically be established under the
competitive contractor selection procedures of ORS 279B.050 to
279B.085;
(q) Contracts for employee benefit plans as provided in ORS
243.105 (1), 243.125 (4), 243.221, 243.275, 243.291, 243.303 and
243.565; or
(r) Any other public contracting of a public body specifically
exempted from the code by another provision of law.
(3) The Public Contracting Code does not apply to the public
contracting activities of:
(a) The Oregon State Lottery Commission;
(b) The Oregon University System and member institutions,
except as provided in ORS 351.086;
(c) The legislative department;
(d) The judicial department;
(e) Semi-independent state agencies listed in ORS 182.451 and
182.454, except as provided in ORS 279.835 to 279.855 and
279A.250 to 279A.290;
(f) Oregon Corrections Enterprises;
(g) The Oregon Film and Video Office, except as provided in ORS
279A.100 and 279A.250 to 279A.290;
(h) The Travel Information Council, except as provided in ORS
279A.250 to 279A.290;
(i) The Oregon 529 College Savings Network and the Oregon 529
College Savings Board;
(j) The Oregon Innovation Council; { - or - }
{ + (k) The Department of Veterans' Affairs; or + }
{ - (k) - } { + (L) + } Any other public body specifically
exempted from the code by another provision of law.
(4) ORS 279A.200 to 279A.225 and 279B.050 to 279B.085 do not
apply to contracts made with qualified nonprofit agencies
providing employment opportunities for disabled individuals under
ORS 279.835 to 279.855.
SECTION 4. ORS 279A.050 is amended to read:
279A.050. (1) Except as otherwise provided in the Public
Contracting Code, a contracting agency shall exercise all rights,
powers and authority in accordance with the provisions of the
Public Contracting Code.
(2) Except as otherwise provided in the Public Contracting
Code, for state agencies the Director of the Oregon Department of
Administrative Services has all of the rights, powers and
authority necessary to carry out the provisions of the Public
Contracting Code.
(3) Except as otherwise provided in the Public Contracting
Code, the Director of Transportation has all of the rights,
powers and authority to:
(a) Procure or supervise the procurement of all services and
personal services to construct, acquire, plan, design, maintain
and operate passenger terminal facilities and motor vehicle
parking facilities in connection with any public transportation
system in accordance with ORS 184.689 (5);
(b) Procure or supervise the procurement of all goods,
services, public improvements and personal services relating to
the operation, maintenance or construction of highways, bridges
and other transportation facilities that are subject to the
authority of the Department of Transportation; and
(c) Establish standards for, prescribe forms for and conduct
the prequalification of prospective bidders on public improvement
contracts related to the operation, maintenance or construction
of highways, bridges and other transportation facilities that are
subject to the authority of the Department of Transportation.
(4) Except as otherwise provided in the Public Contracting
Code, the Secretary of State has all of the rights, powers and
authority to procure or supervise the procurement of goods,
services and personal services related to programs under the
direct authority of the Secretary of State.
(5) Except as otherwise provided in the Public Contracting
Code, the State Treasurer has all of the rights, powers and
authority to procure or supervise the procurement of goods,
services and personal services related to programs under the
authority of the State Treasurer.
(6) The following specific limited authorities are subject to
the provisions of the Public Contracting Code:
(a) The Department of Human Services to procure or supervise
the procurement of goods, services and personal services for the
construction, demolition, exchange, maintenance, operation and
equipping of housing:
(A) For the chronically mentally ill, subject to applicable
provisions of ORS 426.504; and
(B) For the purpose of providing care to individuals with
mental retardation or other developmental disabilities, subject
to applicable provisions of ORS 427.335;
(b) The State Department of Fish and Wildlife to procure or
supervise the procurement of all goods, services, public
improvements and personal services relating to dams, fishways,
ponds and related fish and game propagation facilities;
(c) The State Parks and Recreation Department to procure or
supervise the procurement of all goods, services, public
improvements and personal services relating to state parks;
(d) The Oregon Department of Aviation to procure or supervise
the procurement of all goods, services, public improvements and
personal services related to airports owned or operated by the
state;
(e) The Economic and Community Development Department to
procure or supervise the procurement of all goods, services,
personal services and public improvements related to its foreign
trade offices operating outside the state;
(f) The Attorney General to enter into contracts as necessary
to exercise the authority granted in ORS chapter 180;
(g) The Housing and Community Services Department to procure or
supervise the procurement of goods, services and personal
services;
(h) The Department of Corrections to procure or supervise the
procurement of goods, services and personal services for the
construction of all new buildings or additions for its
institutions;
(i) The Department of Corrections, subject to any applicable
provisions of ORS 279A.120, 279A.125, 279A.145 and 283.110 to
283.395, to procure or supervise the procurement of goods for its
institutions; { + and + }
{ - (j) The Department of Veterans' Affairs to procure or
supervise the procurement of real estate broker and principal
real estate broker services related to programs under the
department's authority; and - }
{ - (k) - } { + (j) + } Any state agency to make
procurements when the agency is specifically authorized by any
provision of law other than the Public Contracting Code to enter
into a contract.
SECTION 5. ORS 279C.335 is amended to read:
279C.335. (1) All public improvement contracts shall be based
upon competitive bids except:
(a) Contracts made with qualified nonprofit agencies providing
employment opportunities for disabled individuals under ORS
279.835 to 279.855.
(b) A public improvement contract exempt under subsection (2)
of this section.
(c) A public improvement contract with a value of less than
$5,000.
(d) A contract not to exceed $100,000, or not to exceed $50,000
in the case of a contract for a highway, bridge or other
transportation project, made under procedures for competitive
quotes in sections 132 and 133, chapter 794, Oregon Laws 2003.
{ - (e) Contracts for repair, maintenance, improvement or
protection of property obtained by the Department of Veterans'
Affairs under ORS 407.135 and 407.145 (1). - }
{ - (f) - } { + (e) + } Energy savings performance
contracts entered into in accordance with rules of procedure
adopted under ORS 279A.065.
{ - (g) - } { + (f) + } A public improvement contract
awarded under subsection (6) of this section in response to an
emergency.
(2) Subject to subsection (4)(b) of this section, the Director
of the Oregon Department of Administrative Services, a local
contract review board or, for contracts described in ORS 279A.050
(3)(b), the Director of Transportation may exempt a public
improvement contract or a class of public improvement contracts
from the competitive bidding requirements of subsection (1) of
this section upon approval of the following findings submitted by
the contracting agency seeking the exemption:
(a) It is unlikely that the exemption will encourage favoritism
in the awarding of public improvement contracts or substantially
diminish competition for public improvement contracts; and
(b) The awarding of public improvement contracts under the
exemption will result in substantial cost savings to the
contracting agency or, if the contracts are for public
improvements described in ORS 279A.050 (3)(b), to the contracting
agency or the public. In making the finding, the Director of the
Oregon Department of Administrative Services, the Director of
Transportation or the local contract review board may consider
the type, cost and amount of the contract, the number of persons
available to bid and such other factors as may be deemed
appropriate.
(3) In making findings to support an exemption for a class of
public improvement contracts, the contracting agency shall
clearly identify the class using the class's defining
characteristics. Those characteristics shall include some
combination of project descriptions or locations, time periods,
contract values, methods of procurement or other factors that
distinguish the limited and related class of public improvement
contracts from the contracting agency's overall construction
program. The contracting agency may not identify a class solely
by funding source, such as a particular bond fund, or by the
method of procurement, but shall identify the class using
characteristics that reasonably relate to the exemption criteria
set forth in subsection (2) of this section.
(4) In granting exemptions under subsection (2) of this
section, the Director of the Oregon Department of Administrative
Services, the Director of Transportation or the local contract
review board shall:
(a) When appropriate, direct the use of alternate contracting
methods that take account of market realities and modern
practices and are consistent with the public policy of
encouraging competition.
(b) Require and approve or disapprove written findings by the
contracting agency that support the awarding of a particular
public improvement contract or a class of public improvement
contracts, without the competitive bidding requirement of
subsection (1) of this section. The findings must show that the
exemption of a contract or class of contracts complies with the
requirements of subsection (2) of this section.
(5)(a) Before final adoption of the findings required by
subsection (2) of this section exempting a public improvement
contract or a class of public improvement contracts from the
requirement of competitive bidding, a contracting agency shall
hold a public hearing.
(b) Notification of the public hearing shall be published in at
least one trade newspaper of general statewide circulation a
minimum of 14 days before the hearing.
(c) The notice shall state that the public hearing is for the
purpose of taking comments on the contracting agency's draft
findings for an exemption from the competitive bidding
requirement. At the time of the notice, copies of the draft
findings shall be made available to the public. At the option of
the contracting agency, the notice may describe the process by
which the findings are finally adopted and may indicate the
opportunity for any further public comment.
(d) At the public hearing, the contracting agency shall offer
an opportunity for any interested party to appear and present
comment.
(e) If a contracting agency is required to act promptly due to
circumstances beyond the contracting agency's control that do not
constitute an emergency, notification of the public hearing may
be published simultaneously with the contracting agency's
solicitation of contractors for the alternative public
contracting method, as long as responses to the solicitation are
due at least five days after the meeting and approval of the
findings.
(6) After declaring that an emergency exists in accordance with
rules adopted under ORS 279A.065, a contracting agency may award
a public improvement contract in response to the emergency
without using a competitive solicitation.
(7) A public improvement contract awarded under the competitive
bidding requirement of subsection (1) of this section may be
amended only in accordance with rules adopted under ORS 279A.065.
(8) Public improvement contracts excepted from competitive bid
requirements under subsection (1)(a), (c), (d), (e) { - , (f) or
(g) - } { + or (f) + } of this section are not subject to the
exemption requirements of subsection (2) of this section.
SECTION 6. ORS 279C.335, as amended by section 104, chapter
794, Oregon Laws 2003, section 13, chapter 103, Oregon Laws 2005,
and section 59, chapter 625, Oregon Laws 2005, is amended to
read:
279C.335. (1) All public improvement contracts shall be based
upon competitive bids except:
(a) Contracts made with qualified nonprofit agencies providing
employment opportunities for disabled individuals under ORS
279.835 to 279.855.
(b) A public improvement contract exempt under subsection (2)
of this section.
(c) A public improvement contract with a value of less than
$5,000.
{ - (d) Contracts for repair, maintenance, improvement or
protection of property obtained by the Department of Veterans'
Affairs under ORS 407.135 and 407.145 (1). - }
{ - (e) - } { + (d) + } Energy savings performance
contracts entered into in accordance with rules of procedure
adopted under ORS 279A.065.
{ - (f) - } { + (e) + } A public improvement contract
awarded under subsection (6) of this section in response to an
emergency.
(2) Subject to subsection (4)(b) of this section, the Director
of the Oregon Department of Administrative Services, a local
contract review board or, for contracts described in ORS 279A.050
(3)(b), the Director of Transportation may exempt a public
improvement contract or a class of public improvement contracts
from the competitive bidding requirements of subsection (1) of
this section upon approval of the following findings submitted by
the contracting agency seeking the exemption:
(a) It is unlikely that the exemption will encourage favoritism
in the awarding of public improvement contracts or substantially
diminish competition for public improvement contracts; and
(b) The awarding of public improvement contracts under the
exemption will result in substantial cost savings to the
contracting agency or, if the contracts are for public
improvements described in ORS 279A.050 (3)(b), to the contracting
agency or the public. In making the finding, the Director of the
Oregon Department of Administrative Services, the Director of
Transportation or the local contract review board may consider
the type, cost and amount of the contract, the number of persons
available to bid and such other factors as may be deemed
appropriate.
(3) In making findings to support an exemption for a class of
public improvement contracts, the contracting agency shall
clearly identify the class using the class's defining
characteristics. Those characteristics shall include some
combination of project descriptions or locations, time periods,
contract values, methods of procurement or other factors that
distinguish the limited and related class of public improvement
contracts from the contracting agency's overall construction
program. The contracting agency may not identify a class solely
by funding source, such as a particular bond fund, or by the
method of procurement, but shall identify the class using
characteristics that reasonably relate to the exemption criteria
set forth in subsection (2) of this section.
(4) In granting exemptions under subsection (2) of this
section, the Director of the Oregon Department of Administrative
Services, the Director of Transportation or the local contract
review board shall:
(a) When appropriate, direct the use of alternate contracting
methods that take account of market realities and modern
practices and are consistent with the public policy of
encouraging competition.
(b) Require and approve or disapprove written findings by the
contracting agency that support the awarding of a particular
public improvement contract or a class of public improvement
contracts, without the competitive bidding requirement of
subsection (1) of this section. The findings must show that the
exemption of a contract or class of contracts complies with the
requirements of subsection (2) of this section.
(5)(a) Before final adoption of the findings required by
subsection (2) of this section exempting a public improvement
contract or a class of public improvement contracts from the
requirement of competitive bidding, a contracting agency shall
hold a public hearing.
(b) Notification of the public hearing shall be published in at
least one trade newspaper of general statewide circulation a
minimum of 14 days before the hearing.
(c) The notice shall state that the public hearing is for the
purpose of taking comments on the contracting agency's draft
findings for an exemption from the competitive bidding
requirement. At the time of the notice, copies of the draft
findings shall be made available to the public. At the option of
the contracting agency, the notice may describe the process by
which the findings are finally adopted and may indicate the
opportunity for any further public comment.
(d) At the public hearing, the contracting agency shall offer
an opportunity for any interested party to appear and present
comment.
(e) If a contracting agency is required to act promptly due to
circumstances beyond the contracting agency's control that do not
constitute an emergency, notification of the public hearing may
be published simultaneously with the contracting agency's
solicitation of contractors for the alternative public
contracting method, as long as responses to the solicitation are
due at least five days after the meeting and approval of the
findings.
(6) After declaring that an emergency exists in accordance with
rules adopted under ORS 279A.065, a contracting agency may award
a public improvement contract in response to the emergency
without using a competitive solicitation.
(7) A public improvement contract awarded under the competitive
bidding requirement of subsection (1) of this section may be
amended only in accordance with rules adopted under ORS 279A.065.
(8) Public improvement contracts excepted from competitive bid
requirements under subsection (1)(a), (c), (d) { - , (e) or
(f) - } { + or (e) + } of this section are not subject to the
exemption requirements of subsection (2) of this section.
SECTION 7. ORS 279C.335, as amended by sections 104 and 105a,
chapter 794, Oregon Laws 2003, sections 13 and 14, chapter 103,
Oregon Laws 2005, and sections 59 and 60, chapter 625, Oregon
Laws 2005, is amended to read:
279C.335. (1) All public improvement contracts shall be based
upon competitive bids except:
(a) Contracts made with qualified nonprofit agencies providing
employment opportunities for disabled individuals under ORS
279.835 to 279.855.
(b) A public improvement contract exempt under subsection (2)
of this section.
(c) A public improvement contract with a value of less than
$5,000.
{ - (d) Contracts for repair, maintenance, improvement or
protection of property obtained by the Department of Veterans'
Affairs under ORS 407.135 and 407.145 (1). - }
{ - (e) - } { + (d) + } Energy savings performance
contracts entered into in accordance with rules of procedure
adopted under ORS 279A.065.
{ - (f) - } { + (e) + } A public improvement contract
awarded under subsection (6) of this section in response to an
emergency.
(2) Subject to subsection (4)(b) of this section, the Director
of the Oregon Department of Administrative Services or a local
contract review board may exempt a public improvement contract or
a class of public improvement contracts from the competitive
bidding requirements of subsection (1) of this section upon
approval of the following findings submitted by the contracting
agency seeking the exemption:
(a) It is unlikely that the exemption will encourage favoritism
in the awarding of public improvement contracts or substantially
diminish competition for public improvement contracts; and
(b) The awarding of public improvement contracts under the
exemption will result in substantial cost savings to the
contracting agency. In making the finding, the director or the
local contract review board may consider the type, cost and
amount of the contract, the number of persons available to bid
and such other factors as may be deemed appropriate.
(3) In making findings to support an exemption for a class of
public improvement contracts, the contracting agency shall
clearly identify the class using the class's defining
characteristics. Those characteristics shall include some
combination of project descriptions or locations, time periods,
contract values, methods of procurement or other factors that
distinguish the limited and related class of public improvement
contracts from the contracting agency's overall construction
program. The contracting agency may not identify a class solely
by funding source, such as a particular bond fund, or by the
method of procurement, but shall identify the class using
characteristics that reasonably relate to the exemption criteria
set forth in subsection (2) of this section.
(4) In granting exemptions under subsection (2) of this
section, the director or the local contract review board shall:
(a) When appropriate, direct the use of alternate contracting
methods that take account of market realities and modern
practices and are consistent with the public policy of
encouraging competition.
(b) Require and approve or disapprove written findings by the
contracting agency that support the awarding of a particular
public improvement contract or a class of public improvement
contracts, without the competitive bidding requirement of
subsection (1) of this section. The findings must show that the
exemption of a contract or class of contracts complies with the
requirements of subsection (2) of this section.
(5)(a) Before final adoption of the findings required by
subsection (2) of this section exempting a public improvement
contract or a class of public improvement contracts from the
requirement of competitive bidding, a contracting agency shall
hold a public hearing.
(b) Notification of the public hearing shall be published in at
least one trade newspaper of general statewide circulation a
minimum of 14 days before the hearing.
(c) The notice shall state that the public hearing is for the
purpose of taking comments on the contracting agency's draft
findings for an exemption from the competitive bidding
requirement. At the time of the notice, copies of the draft
findings shall be made available to the public. At the option of
the contracting agency, the notice may describe the process by
which the findings are finally adopted and may indicate the
opportunity for any further public comment.
(d) At the public hearing, the contracting agency shall offer
an opportunity for any interested party to appear and present
comment.
(e) If a contracting agency is required to act promptly due to
circumstances beyond the contracting agency's control that do not
constitute an emergency, notification of the public hearing may
be published simultaneously with the contracting agency's
solicitation of contractors for the alternative public
contracting method, as long as responses to the solicitation are
due at least five days after the meeting and approval of the
findings.
(6) After declaring that an emergency exists in accordance with
rules adopted under ORS 279A.065, a contracting agency may award
a public improvement contract in response to the emergency
without using a competitive solicitation.
(7) A public improvement contract awarded under the competitive
bidding requirement of subsection (1) of this section may be
amended only in accordance with rules adopted under ORS 279A.065.
(8) Public improvement contracts excepted from competitive bid
requirements under subsection (1)(a), (c), (d) { - , (e) or
(f) - } { + or (e) + } of this section are not subject to the
exemption requirements of subsection (2) of this section.
SECTION 8. ORS 407.177 is amended to read:
407.177. (1) When the Department of Veterans' Affairs considers
such contracts necessary to improve the financial condition of
the loan program conducted under this chapter, the department is
authorized to enter into contracts with lending institutions
under which the lending institutions may provide any of the
following services:
(a) Processing of new loans and purchase contracts; and
(b) Management and servicing of new loans and purchase
contracts.
(2) Contracts entered into by the department under this section
may provide that the lending institution:
(a) Receive applications for loans for the acquisition of homes
or farms under this chapter;
(b) Immediately investigate and process an application for a
loan as provided by law; and
(c) For approved loans or contracts, if requested by the
department, service the loan or purchase contract for a period of
time specified by the department.
(3) When a lending institution, pursuant to a contract
authorized by this section, receives an application for a loan
for the acquisition of a manufactured home, as defined in ORS
197.295, the lending institution shall investigate and process
the application in the manner prescribed in the contract between
the lending institution and the department.
(4) When a lending institution, pursuant to a contract
authorized by this section, investigates and processes a loan
application that it considers eligible for approval under this
chapter, the lending institution shall notify the department and
state the reasons why the loan may be approved under this
chapter. The department shall retain final authority to approve
or disapprove the loan. If the department disapproves the loan,
the department shall notify the lending institution and the
applicant of the disapproval and shall indicate the reasons for
the disapproval. When the department is satisfied that all
requirements for approval of a loan have been met by the
applicant and the lending institution and that the property
offered as security for the loan protects the interests of the
state, the department shall transfer to the lending institution
an amount of money from the Oregon War Veterans' Fund equal to
the loan amount approved by the department. The lending
institution shall disburse the money in the manner prescribed by
the department. The lending institution shall record the
mortgage, trust deed, contract or other security agreement
relating to the loan and then shall forward all the original loan
documents to the department.
(5) All moneys received by a lending institution as payments on
principal and interest for loans made under this chapter shall be
paid to the department in accordance with the terms of the
contract between the department and the lending institution.
(6) The department and lending institution shall mutually agree
upon the compensation to be paid to the lending institution for
services performed under a contract authorized by this section.
Such compensation may be a fixed annual payment or a percentage
of the amount of each loan or purchase contract processed or
serviced by the lending institution under the contract.
{ - (7) Contracts entered into under this section are exempt
from the requirements of the provisions of ORS 279.835 to 279.855
and ORS chapters 279A, 279B and 279C regarding personal services
contracts. - }
{ - (8) - } { + (7) + } As used in this section, 'lending
institution ' means an entity that is licensed to conduct
business in the State of Oregon exclusively or in part as a
mortgage lender or a conduit for mortgage loans and that, in the
judgment of the department, is capable of meeting the needs of
the department in carrying out this chapter.
SECTION 9. ORS 407.465 is amended to read:
407.465. (1) Subject to the limitations provided for in this
chapter, the Department of Veterans' Affairs may provide loan
cancellation life insurance for any person who receives or
assumes a loan or makes a contract under this chapter for the
acquisition of a home or farm, and the spouse or former spouse of
that person.
(2) The insurance may insure the life of the person who
receives or assumes the loan or who is the contract purchaser and
the life of the spouse or former spouse of that person for all or
a portion of the amount of principal and interest due on the
state loan or contract. However, for each loan or contract, the
lives of not more than two persons shall be insured. The State of
Oregon shall be named the beneficiary of the insurance. When an
individual insured under this chapter dies, the proceeds of the
insurance shall be used to pay all or the insured portion of the
balance of the state loan or contract, and the department shall
issue a revised payment plan or a satisfaction of the loan or
contract.
{ - (3) The Oregon Department of Administrative Services
shall procure loan cancellation life insurance to meet the
requirements of this chapter in compliance with the laws
governing the purchase and furnishing of services to state
agencies. - }
SECTION 10. ORS 408.375 is amended to read:
408.375. The Director of Veterans' Affairs shall enter into a
contract with a nongovernmental entity for the operation and
management of the second Oregon Veterans' Home authorized by
section 1, chapter 591, Oregon Laws 1995. The entity with whom
the director contracts under this section shall be a person
experienced in the operation and staffing of long term care
facilities, as defined in ORS 442.015. The contract executed
under this section { - shall be subject to the requirements of
ORS chapters 279A and 279B, except ORS 279A.140 and 279B.235,
and - } shall provide that:
(1) The party who contracts to manage and operate the second
Oregon Veterans' Home shall be responsible for hiring and
maintaining the necessary staff for the facility.
(2) The Director of Veterans' Affairs shall assign not more
than one state employee on a full-time basis to provide oversight
of the management of the facility.
(3) The second Oregon Veterans' Home shall admit only patients
who are war veterans, as defined in ORS 174.105.
SECTION 11. { + (1) The amendments to ORS 406.050 by section 1
of this 2007 Act apply to monetary and nonmonetary grants, gifts
or donations received before, on or after the effective date of
this 2007 Act.
(2) The amendments to ORS 270.100 by section 2 of this 2007 Act
apply to real property and any interest in real property that the
Department of Veterans' Affairs acquires or sells, or both, on or
after the effective date of this 2007 Act.
(3) The amendments to ORS 279A.025, 279A.050, 279C.335,
407.177, 407.465 and 408.375 by sections 3 to 10 of this 2007 Act
apply to contracts entered into on or after the effective date of
this 2007 Act. + }
SECTION 12. ORS 113.085 is amended to read:
113.085. (1) Except as provided in subsection (2) of this
section, upon the filing of the petition, if there is no will or
there is a will and it has been proved, the court shall appoint a
qualified person it finds suitable as personal representative,
giving preference in the following order:
(a) To the executor named in the will.
(b) To the surviving spouse of the decedent or the nominee of
the surviving spouse of the decedent.
(c) To the nearest of kin of the decedent or the nominee of the
nearest of kin of the decedent.
(d) To the Director of Human Services or a designee, if it
appears the decedent received public assistance pursuant to ORS
chapter 411 or 414 and that such assistance is a claim against
the estate.
(e) To the Department of Veterans' Affairs, if the decedent was
a protected person under ORS 406.050 { - (7) - } { + (5) + },
and the department has joined in the petition for such
appointment.
(f) To any other person.
(2) Except as provided in subsection (3) of this section, the
court shall appoint the Department of State Lands as personal
representative if it appears that the decedent died wholly
intestate and without known heirs. The Attorney General shall
represent the Department of State Lands in the administration of
the estate. Any funds received by the Department of State Lands
in the capacity of personal representative may be deposited in
accounts, separate and distinct from the General Fund,
established with the State Treasurer. Interest earned by such
account shall be credited to that account.
(3) The court may appoint a person other than the Department of
State Lands to administer the estate of a decedent who died
wholly intestate and without known heirs if the person filing a
petition under ORS 113.035 attaches written authorization from an
estate administrator of the Department of State Lands appointed
under ORS 113.235 approving the filing of the petition by the
person. Except as provided by rule adopted by the Director of the
Department of State Lands, an estate administrator may consent to
the appointment of another person to act as personal
representative only if it appears after investigation that the
estate is insolvent.
SECTION 13. ORS 125.240 is amended to read:
125.240. (1) If a petition seeks the appointment of a
professional fiduciary as described in subsection (5) of this
section, the petition must contain the following information in
addition to that information required under ORS 125.055:
(a) A description of the events that led to the involvement of
the professional fiduciary in the case.
(b) The professional fiduciary's educational background and
professional experience.
(c) The fees charged by the professional fiduciary and whether
the fees are on an hourly basis or are based on charges for
individual services rendered.
(d) The names of providers of direct services to protected
persons that are repeatedly used by the professional fiduciary
under contract.
(e) The disclosures required under ORS 125.221 if the person
nominated to act as fiduciary will employ a person in which the
nominated person has a pecuniary or financial interest.
(f) The number of protected persons for whom the person
performs fiduciary services at the time of the petition.
(g) Whether the professional fiduciary has ever had a claim
against the bond of the fiduciary and a description of the
circumstances causing the claim.
(h) Whether the professional fiduciary or any staff with
responsibility for making decisions for clients or for management
of client assets has ever filed for bankruptcy and the date of
filing.
(i) Whether the professional fiduciary or any staff with
responsibility for making decisions for clients or for management
of client assets has ever been denied a professional license that
is directly related to responsibilities of the professional
fiduciary, or has ever held a professional license that is
directly related to responsibilities of the professional
fiduciary that was revoked or canceled. If such a license has
been denied, revoked or canceled, the petition must reflect the
date of the denial, revocation or cancellation and the name of
the regulatory body that denied, revoked or canceled the license.
(j) A statement that the criminal records check required under
subsection (2) of this section does not disqualify the person
from acting as a fiduciary.
(k) Whether the professional fiduciary and any staff
responsible for making decisions for clients or for management of
client assets is or has been certified by a national or state
association of professional fiduciaries, the name of any such
association and whether the professional fiduciary or other staff
person has ever been disciplined by any such association and the
result of the disciplinary action.
(L) The name, address and telephone number of the individual
who is to act as primary decision maker for the protected person
and the name of the person with whom the protected person will
have personal contact if that person is not the person who will
act as primary decision maker for the protected person.
(2)(a) If a petition seeks the appointment of a professional
fiduciary as described in subsection (5) of this section, the
professional fiduciary and all staff with responsibility for
making decisions for clients or for management of client assets
must undergo a criminal records check before the court may
appoint the professional fiduciary. The results of the criminal
records check shall be provided by the petitioner to the court.
Results of criminal records checks submitted to the court are
confidential, shall be subject to inspection only by the parties
to the proceedings and their attorneys, and shall not be subject
to inspection by members of the public except pursuant to a court
order entered after a showing of good cause. A professional
fiduciary must disclose to the court any criminal conviction of
the professional fiduciary that occurs after the criminal records
check was performed. The criminal records check under this
subsection shall consist of a check for a criminal record in the
State of Oregon and a national criminal records check if:
(A) The person has resided in another state within five years
before the date that the criminal records check is performed;
(B) The person has disclosed the existence of a criminal
conviction; or
(C) A criminal records check in Oregon discloses the existence
of a criminal record in another jurisdiction.
(b) The requirements of this subsection do not apply to any
person who serves as a public guardian or conservator, or any
staff of a public guardian or conservator, who is operating under
ORS 125.700 to 125.730 or 406.050 { + (5) + } and who is
otherwise required to acquire a criminal records check for other
purposes.
(3)(a) If a petition seeks the appointment of a public guardian
and conservator operating under the provisions of ORS 125.700 to
125.730, or the appointment of a conservator under ORS 406.050
{ - (7) - } { + (5) + }, the petition need not contain the
information described in subsection (1)(d) or (L) of this
section.
(b) If a public guardian and conservator operating under the
provisions of ORS 125.700 to 125.730 is appointed to act as a
fiduciary, or a conservator operating under the authority of ORS
406.050 { - (7) - } { + (5) + } is appointed, the public
guardian or conservator must file with the court within three
days after receipt of written notice of the appointment a
statement containing the name, address and telephone number of
the individual who will act as primary decision maker for the
protected person and the name of the person with whom the
protected person will have personal contact if the person named
as primary decision maker will not have personal contact with the
protected person.
(4) If the court appoints a professional fiduciary as described
in subsection (5) of this section, the professional fiduciary
must update all information required to be disclosed by
subsection (1) of this section and provide a copy of the updated
statement upon the request of the protected person or upon the
request of any person entitled to notice under ORS 125.060 (3).
The professional fiduciary must provide an updated statement
without demand to the court, the protected person and persons
entitled to notice under ORS 125.060 (3) at any time that there
is a change in the information provided under subsection (1)(L)
or (3)(b) of this section.
(5) The provisions of this section apply to any person
nominated as a fiduciary or serving as a fiduciary who is acting
at the same time as a fiduciary for three or more protected
persons who are not related to the fiduciary.
SECTION 14. ORS 125.410 is amended to read:
125.410. (1) Except as provided in subsection (2) of this
section, the court shall require a conservator to furnish a bond
conditioned upon faithful discharge of all duties of the
conservator according to law, with sureties as specified by the
court. Unless otherwise directed, the bond must be in the amount
of the aggregate capital value of the property of the estate in
the control of the conservator plus one year's estimated income
minus the value of securities and money deposited under
arrangements requiring an order of the court for their removal
and the value of any real property that the conservator, by
express limitation of power, lacks power to sell or convey
without court authorization.
(2)(a) The court may waive a bond for good cause shown.
(b) Subsection (1) of this section does not affect the
provisions of ORS 709.240, relating to a trust company acting as
fiduciary, ORS 125.715, relating to a public guardian acting as
fiduciary, or ORS 406.050 { - (7) - } { + (5) + }, relating
to the Department of Veterans' Affairs acting as fiduciary.
(3) Sureties for a bond required under this section are jointly
and severally liable with the conservator and with each other.
(4) Letters of conservatorship may not be issued until the bond
required by this section is approved by the court.
(5) The bond of the conservator continues in effect until the
sureties on the bond are released by order of the court.
(6) The court may at any time increase or reduce the amount of
the bond required of a conservator for the protection of the
protected person and the estate of the protected person.
(7) If a surety on a bond required by this section gives notice
of intent to cancel the bond, the conservator shall execute and
file in the protective proceeding a new bond before the
cancellation date specified by the surety. The new bond shall be
in the amount and subject to those conditions that may be
required by the court. If the conservator fails to file a new
bond, the authority of the conservator ends on the date specified
by the surety for cancellation of the bond. The letters of
conservatorship issued to the conservator are void from that
date, and the conservator must make and file the final accounting
of the conservator.
SECTION 15. ORS 406.100 is amended to read:
406.100. If the Department of Veterans' Affairs is appointed as
a conservator under ORS 406.050 { + (5) + } or a personal
representative under ORS 113.085, the department shall have a
claim against the estate of the protected person or the decedent,
as the case may be, for all of the following:
(1) Reasonable expenses incurred by the department in the
execution or administration of the estate.
(2) After the appointment of the department as conservator,
compensation for ordinary services in an amount not to exceed
five percent of income to the estate, and reasonable compensation
for unusual services as set forth by rule by the department.
(3) After the appointment of the department as personal
representative, compensation as provided in ORS 116.173.
(4) With prior approval by the court having probate
jurisdiction over the estate, fees charged to the department by
the Attorney General for advice or assistance in the performance
of the department's duties as conservator or personal
representative of the estate.
SECTION 16. ORS 406.120 is amended to read:
406.120. (1) The Conservatorship Services Account is
established as a separate account within the Oregon War Veterans'
Fund. The Conservatorship Services Account shall consist of all
moneys received by the Department of Veterans' Affairs as payment
of claims arising under ORS 406.100.
(2) The moneys in the Conservatorship Services Account are
continuously appropriated to the department for payment of
expenses incurred while serving as conservator under ORS 406.050
{ + (5) + } or personal representative under ORS 406.085.
(3) Moneys in the Conservatorship Services Account shall be
held and set aside separately from the other moneys in the Oregon
War Veterans' Fund, but such account may be accounted for as part
of the Oregon War Veterans' Fund.
SECTION 17. ORS 408.365 is amended to read:
408.365. Moneys to pay for the expenses of operating the Oregon
Veterans' Home may be appropriated from:
(1) The General Fund;
(2) The Oregon War Veterans' Fund pursuant to section 1 (1)(e),
Article XI-A, Oregon Constitution; and
(3) Moneys donated to the trust fund established { - by the
Director of Veterans' Affairs - } under ORS 406.050 { + . + }
{ - for the purpose of paying for the expenses of operating the
Oregon Veterans' Home, or moneys in the trust fund that the
director determines may be expended for those purposes. - }
SECTION 18. ORS 805.205 is amended to read:
805.205. (1) The Department of Transportation by rule shall
provide for issuance of registration plates described in
subsection (3) of this section for nonprofit groups meeting the
qualifications for tax exempt status under section 501(c)(3) of
the Internal Revenue Code, for institutions of higher education
and for veterans' organizations. The department shall also
provide, upon request from a veterans' group or the Director of
Veterans' Affairs, for issuance of a veterans' recognition
registration plate that may be issued only to veterans. Plates
issued under this section may be issued to owners of motor
vehicles registered under the provisions of ORS 803.420 (1).
Plates issued under this section may not contain expressions of
political opinion or religious belief. Rules adopted under this
section shall include, but need not be limited to, rules that:
(a) Describe general qualifications to be met by any group in
order to be eligible for plates issued under this section.
(b) Specify circumstances under which the department may cease
to issue plates for any particular group.
(c) Require each group for which plates are issued, other than
a group or the Director of Veterans' Affairs requesting a
veterans' recognition plate, to file an annual statement on a
form designed by the department showing that the group is a
nonprofit group or an institution of higher education and
otherwise meets the qualifications imposed for eligibility for
plates issued under this section. The statement shall include
names and addresses of current directors or officers of the group
or of other persons authorized to speak for the group or
institution on matters affecting plates issued under this
section.
(d) Require proof of veteran status for issuance of a veterans'
recognition plate and specify what constitutes proof.
(2)(a) Except as otherwise provided in paragraph (b) of this
subsection, in addition to any other fee authorized by law, upon
issuance of a plate under this section and upon renewal of
registration for a vehicle that has plates issued under this
section, the department shall collect a surcharge of $2.50 per
plate for each year of the registration period.
(b) In addition to any other fee authorized by law, upon
issuance of a plate under this section that recognizes an
institution of higher education in this state, and upon renewal
of registration for a vehicle that has such plates, the
department shall collect a surcharge of $8 per plate for each
year of the registration period.
(3) Plates issued under this section shall be from the current
regular issue of plates except that:
(a) In consultation with the group or the Director of Veterans'
Affairs requesting the plates, the department shall add words to
the plate that name or describe the group or veterans recognized.
(b) If the group or the Director of Veterans' Affairs
requesting the plates represents persons who have been awarded
the Purple Heart medal, the plates shall contain an image of the
medal.
(c) If the group requesting the plates is an institution of
higher education, the plates shall, upon request, contain words
that indicate the plates are issued to recognize the institution
or shall contain the institution's logo or an image of the
institution's mascot.
(4) Except as otherwise required by the design chosen, the
plates shall comply with the requirements of ORS 803.535. The
department shall determine how many sets of plates shall be
manufactured for each group approved under this section or for
the Director of Veterans' Affairs. If the department does not
sell or issue renewal for 500 sets of plates for a particular
group or for the Director of Veterans' Affairs in any one year,
the department shall cease production of those plates.
(5) Except as otherwise provided in subsection (6) of this
section, each group that is found by the department to be
eligible for plates issued under this section may designate an
account into which the net proceeds of the surcharge collected by
the department under subsection (2) of this section are to be
deposited. The department shall keep accurate records of the
number of plates issued for each group that qualifies. After
payment of administrative expenses of the department, moneys
collected under this section for each group shall be deposited by
the department into an account specified by that group. If any
group does not specify an account for the moneys collected from
the sale of plates issued under this section, the department
shall deposit moneys collected for those plates into the
Environmental Quality Information Account established under ORS
802.100 to be used as other moneys in the account are used.
Deposits under this subsection shall be made at least quarterly.
(6)(a) Each institution of higher education that requests a
plate under this section shall designate an account in the
general fund of the institution, and the proceeds in the account
shall be used for the purpose of academic enrichment at the
institution.
(b) Net proceeds of the surcharge collected by the department
for the veterans' recognition plate shall be deposited in the
trust fund established under ORS 406.050 { + . + } { - for
paying the expenses of operating the Oregon Veterans' Home. - }
Deposits under this paragraph shall be made at least quarterly.
SECTION 19. ORS 805.206 is amended to read:
805.206. (1) A group, institution or organization that requests
issuance of a plate under ORS 805.205 shall pay to the Department
of Transportation an application fee of $10,000 in addition to
all of the department's anticipated costs of adding the group to
the program. The department may not begin creating or issuing the
plates until the application fee and anticipated costs are paid.
If 1,000 sets of the plates are purchased in the first 12 months
that the plates are available, the department shall refund the
application fee. For purposes of this section, costs of adding a
new group include, but are not limited to, computer programming
costs and vendor set-up fees.
(2) If the Director of Veterans' Affairs requests issuance of a
plate under ORS 805.205, the director shall pay to the department
the application fee and all of the department's anticipated costs
of issuance of the plate from grants, donations and gifts
accepted by the director { + or the Department + }of Veterans'
Affairs under ORS 406.050 that are expendable for the purpose of
issuance of a veterans' recognition registration plate.
SECTION 20. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
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